1170 JOURNAL OF PROCEEDINGS [Mar. 22

contestee swears it has always been his intention
to return there at his father's death, or, as he
stated it, whenever anything "happened" t.o his
father, and to remain there permanently, at the domi-
cile of his birth, which he claims is his legal domicile
and residence at this time. His father is now 78
years of age.

The contestee, as a matter of fact, with his family,
since a very short time after his nomination, has been
living with his father, at his home in Charles county.
He has resigned his office in Baltimore city, with no
expectation of regaining it; having thus followed up
his declared intention to return to his father's by an
actual return thereto, without any expectation what-
ever, intimated in the evidence, of removal therefrom
at any time in the future; and the pregnant fact is
that, uncontested by anyone, at any time, the contestee
has voted ever since he has been a voter, in the fifth
election district of Charles county; has gone home, as
he states, about a week at election times, and took
part, as was his right, in the matter of elections, in
working for the party to which he belongs.

All this has been done for a period of years during
which the testimony gives no intimation that it was
any advantage for him to be voting in Charles county.
On the contrary, had he suited his convenience merely,
it would seem to have been to his interest to have voted
in Baltimore city; and there is nothing to explain his
retention of his voting privilege in Charles county, ex-
cept on the theory of its being done in good faith, and
in clear manifestation of his intent, of which there
could have been no stronger expression, to retain his
legal residence there.

A change of residence is a mixed question of fact
and intent, and every authority, every decision and
every text-book of any respectability, in this country,
have always so held.

In the case of Langhammer vs. Munter, in 80 Mary-
land Reports, being the last expression of our Court
of Appeals on the subject-matter of residence, in an
opinion by Judge Page, the following language will
be found on page 525, in definition of the word "resi-